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New Braunfels Herald Zeitung (Newspaper) - October 22, 1985, New Braunfels, Texas 4 10    MOS3    10/22/85 TEXAS AMERICAN MICROFILM ATT: PETE SINCLAIR P.O. BOX 45436 DALLAS* TX 75245 Comal County players Sports of the week See Sports, Page 5A Water Watch Comal River    . 294 cfs (up 4) Canyon inflow . . 2 IOO cfs (up 2,000) Canyon outflow    .'83 cfs (down 1) Edwards Aquafe r    62b.05 (up 10) Canyon I ake love!    914.44 (up 6.04) Hearing held Area on hydro plant See below Texas Legislator wants to freeze taxes of elderly, see page 3A New Braunfels Herald New Braunfels. Texas Vol. 94 No. 207 T uesday October 22,1985 25 Cents 12 PagesMan arrested on gambling promotion charge By DEBBIE DeLOACH Staff writer Local police teamed up with state intelligence officers to arrest a New Braunfels man for gambling promotion at the Comal Bowl Monday night. Farris Earl Grier, 64, was arrested outside the bowling alley about 9:45 p.m. on the gambling promotion charge, which is a third- degree felony. He was later released on $1,500 bond set by Municipal Court Judge David Perkins. Rick McCracken, an investigator with the Department of Public Safety Criminal Intelligence Service, said Grier “probably handled $20,000 a week in bets.” McCracken said a small notebook was confiscated in the arrest and that it was felt the book “lists who bet and how much. “But you could look at it and not have any idea what it was because it’s written in code. So it’s too early to tell if other arrests will come out of it,” McCracken added. Others involved in the Monday night arrest were Texas Ranger Ray Martinez, New Braunfels Police Lt. Felix Roque, Cpl. Kevin Stevens and patrol officer Mike Rust. We were all aware of it, and it percolated to the top when several people contacted the department this was going on," Roque said “We passed the information along, and this was the end results.” Burlgary arrest made In other crime news, Comal County Sheriff’s Investigator Dennis Koepp arrested a Startzville man Saturday for burglary of a habitation Troy Adamson, 18. was arrested at a residence in Astro Hills, and placed under $10,000 bond by Justice of the Peace Fred Stewart. The charge against Adamson involved the Oct. 18 burglary of a house behind the Lone Star Ice House in Startzville.Collision kills man By DEBBIE DeLOACH Staff writer An autopsy on a Cedar Creek man has failed to explain what caused him to drive his car into a parked dump truck off Interstate 35 early Monday morning. This morning, Justice of the Peace Harold Krueger said a preliminary autopsy report indicated Robert Donald Haynes died of a crushed chest and a ruptured heart and liver. "So he died as a result of the accident, and his cause of death will be listed as massive internal injuries,” Krueger said. Witnesses said the car, driven by Robert Donald Haynes, seemed to drift off the road before hitting the truck at an estimated 55 miles per hour. They said they never saw the car’s brake lights come on, and there were no skid marks to indicate Haynes tried to stop. Department of Public Safety Trooper Joe Fedor said the dump truck, registered to a Dallas construction firm, ran out of gas about 6:15 a.in. Monday. It was parked about three feet of the road, and had its flashers before the collision. Fedor said the car was traveling south on Interstate 35 in the outside lane when it drifted off the roadway and hit the dump truck about 1.4 miles north of the Conrad Road exit. The truck driver was not in the area when the collision occurred about 8:15a.m. Haynes, 49, was pronounced dead at 8:55 a.m. by Krueger, who also ordered the autopsy to determine the cause of death. “With these injuries, it (death) was almost instant. I’m sure he never knew what hit him,” Krueger added. Fedor said the impact “bent the steering wheel and the spare tire started to come through the back seat.” The trooper also said Haynes was not wearing a seat belt.Inside Drops of rain I es* HS BALD /ft Heavy rains over the weekend left their drops on shamrock dud just about everything else in Comal County "the county was spared flooding that hit much of Hill Country during the weekend. AIDS victims could face quarantine AUSTIN iAP) - AIDS sufferers who pose a public health threat should be subject to the quarantine rules that cover victims of cholera, yellow fever and other communicable diseases, State Health Commissioner Robert Bernstein says. If AIDS is added to the list, its victims could be ordered confined, most likely in a hospital, Bernstein said Monday. “It’s not an arrest and incarceration thing,” he said. * What we want to do is fiave another public health control, if necessary.” Quarantine should In* approved as “something else in the arsenal” for the fight against the spread of the often-fatal disease, said Bernstein The Texas Department of Health will research the quarantine question and make a recommendation to the Board of Health at its Nov. Iii meeting. Gara LaMarche, executive director of the Texas C ivil Liberties Union, said quarantine is not needed for victims of acquired immune deficiency syndrome. "It’s almost a unique communicable disease. Everything we know about it suggests you have to go out of your way to get it.” he said “The AIDS sufferer can live a normal life in most respects.” A person can be quarantined by either state or local health officials. Bernstein said no quarantines have been ordered during his six years as commissioner. laical officials in Texas have wrestled with flow to handle AIDS sufferers wfio refuse to refrain from sexual activities that can spread the disease. San Antonio officials last week sent letters to 17 victims, warning they could face criminal prosecution if they don’t refrain. In Houston, officials recently had trouble with an AIDS victim who, for a time, defied orders to avoid sexual contact. With quarantine authority, state or local health officials could order AIDS victims confined Bernstein said a hospital would probably be the place of confinement. AIDS is a disease that cripples the body’s immune system, leaving the victim vulnerable to infections and other diseases It is most likely to strike homosexuals, abusers of in jeetable drugs and hemophiliacs It can apparently be spread by sexual contact, contaminated needles and See AIDS, for Page I LAToday's weather It will be partly cloudy this afternoon and tomorrow with highs reaching the low 80s and lows dropping to near-70. Yesterday’s high was 70 and this morning’s low was 66. Sunset tonight will be at 6:34 and sunrise Wednesday will be at 7:37 a.m.Correction Due to an inadvertent error, Freddie Ray Mulkey of New Braunfels was connected to an aggravated sexual assault of a child charge in Sunday’s Herald. The charge against Mulkey was credit card abuse, and was not connected to a Feb. 8 incident with a five-year-old girl. The Herald apologizes for the error, and regrets any inconvenience it may have caused.Bears in lead The Baylor Bears, coached by Grant Teaff, are the .surprise team of the Southwest Conference and are leading the conference with a perfect record. See Sports, Paye 6AAto Coleman The World Series resumes tonight in St. Ixiuis, but the Cardinals will have to shoot for their third straight victory without stolen-base champ Vince Coleman. Sports, Page 5 Judge to determine legality of hydro plant hearing CLASSIFIED COMICS CROSSWORD DEAR ABBY DEA IHS_ HOROSCOPE OPINIONS SPORTS STOCKS WEATHER 7 9A 10 11A 2A 11A 2A 3A 4A 56 A 11A 2A By SARAH DUKE Staff writer AUSTIN — Judge Juan Gallardo tried Monday to determine whether the Texas Water Commission was in violation of due process of law when it issued a permit to the Guadalupe-Bianco River Authority to place a hydro-electric plant on Canyon Dam. Sandra Fitzpatrick, an attorney representing Canyon I^ake resident Lois Duggan, presented several reasons why she believes the commission acted in violation of its own rules when it granted a permit to GBRA following a hearing last November. Fitzpatrick said lier client was not allowed to answer questions after presenting evidence why the permit should not be granted. The commission granted the permit for GBRA to divert water being released from the dam’s gates through turbines to generate elec tricity. Through an agreement between New Braunfels Utility and GBRA, the electieity would go to the city of New Baunfels. My client felt that nothing I said was considered.” Fitzpatrick said “Not just ttiat the commissioners didn’t ask questions but that the comments w ere not considered ” Gallardo responded saying that if the Canyon I .ake citizens were treated differently than others presenting evidence, the matter should be looked into. Fitzpatrick and an attorney representing Pedernales Electric Cooperative represented several reasons why they felt the permit should not have been granted to GBRA She and die PFX’ attorney said that the commission failed to follow its own rules about the permit and that the commission granted the permit even though it was incomplete Tax hike upsets crowd By SARAH DUKE Staff writer SEGUIN The proposed 50 percent Guadalupe County tax increase drew a crowd of more than 50 residents to a budget hearing at the Segum-Guadalupe County Coliseum Monday night. County Judge James Sagebiel said the commissioners had evaluated the budget several times and had cut back on as many expenses as they could • We have a lot of unhappy people who didn’t get the budget increases they requested." Sagebiel said The judge said one of the county's main expenses will be $220,714 budgeted for permanent improvements to county buildings. We've had people who have to get out the mop and bucket every time it rains.” he said. “It s not our fault that the county buildings are getting old and run down.” Most of the crowd just listened to the budget explanation without comment Tliose who did speak at the hearing asked the county commissioners to look at the budget again and cut back on expenses I'm sure you have gone over the budget several times,” said one county resident. “In my own business, expenses have gone up one and one-half times in the past few \ears Your (Guadalupe County’s! expenses have gone up five times in the past few years. * I know you have some requirements from the state and federal government that I don’t, but I don't see how they could go up so much,” he added. “In a few years, if the trend continues no one will be able to live here ” Sagebiel told the audience that the county lias relied too much in the past on surplus funds to keep the tax rate down. I'm against the 50 percent tax increase.’’ said Charles Sharpe, a See TAX, Pige IU The PEC attorney said there is no direct evidence of the effect of the issuance of the permit on the bays and estuaries. “In the absense of any information ..the commission could not have know the effects on the bays and estuaries, ’ he said He added that there was no evidence Dial GBRA cnsidered the bays and estuaries Kim Brightwell, attorney representing OBRA, said “It is true that the words bays and estuaries’ do not appear on the application But there was direct testimony that there would be no environmental impact on the river below the dam ..It follows that there would be no impact on the bays and estuaries.” David Welsoh, GBRA director of planning and development, said James Wierseme, a consultant with Espey-Huston, Inc., testified at the commission’s hearing last November about the environmental impact of the proposed hydro-electric plant. Fitzpatrick also raised a question about the itructual integrity of the dam. She ltd a memo to present to the commission that cast doubt on the structural integrity of the dam, she said Fitzpatrick said the memo was between a U.S. Corps of Engineers employee and GBRA One of the points she mack Monday was that the commission erred in not considering the memo as new evidence after the permit was granted. In addition, Fitzpatrick contended that some information was missing from the permit application. That information, she said, was an agreement between the Corps and GBRA to provide for an easement to the proposed hydro-electric plant. She said the commission was in violation of its own rules to grant a See HEARING, Page IU ;

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